Travel abroad with I-485 filed with EAD

[aniketkh]

I just filed my I-485 and am waiting for the receipt notice for travel. My advanced parole and EAD forms have also been filed

I have been advised by my lawyer that i can travel without my advanced parole document once the receipt notice is received. They have also filed for my EAD.

My spouse and I are valid H1B holders and she has a Visa appt in mumbai to get a renewed stamp on her passport.

My question is : Can we travel to India after my receipt notice has arrived even though my EAD has been filed. We are both with the same employers that we filed with.

Thanks,

[gchopeful2]

Sure you can. Only concern may be what if your stamping gets rejected. You'll be stuck. Make sure you have all the documentation required for stamping.

***NOT A LEGAL ADVISE***

[Hewa]

Yes you can travel.

If you have any other source of income (using your EAD), then you will need to use AP to come back to the US. In this case getting the H1B visa re-stamped may not be necessary.

If however your only income is from the H1B job then you can come back using your H1B visa. So you need to have a valid H1B. It's a good idea to always keep your AP document with you. Just don't show it to the immigration officer at the airport.

What I would do if I were you: I would prefer to keep my H1B valid, and use EAD only if necessary.

What I said could be wrong. So please verify with someone else. Your lawyer would probably be the best person to advice you.

[mdmd10]

Originally Posted by gcformeornot

in your passport..... and will need to go to Consulate to renew visa. Think hundred times before you leave.

I am in same situation, but I am willing to wait to get EAD and AP before travel.

Its a big risk. Consulate may reject to renew and you will be stuck and your GC will be considered abandoned...

looks like you have already thought for him a 100 times! Is there a legal basis for your comment or are you just making an assumption that consulate may reject to renew?

[waitin_toolong]

H1 stamping will not be denied just because you files I-485 but if for some other reason it is denied then you will be stuck till you actually get that stamp.

That is the only issue. But otherwise you should be safe, although the memo did state to wait for I-485 receipt

[dpp]

Header message is confusing. Travel abroad is no way related to EAD.

Travel abroad is only related to I-485 receipt, AP and H1/H4/L1/L2 stamp.

If for some reason, stamping at the consulate taking more time, then you need to change your plans and stay back in the home country for several months, if you don't have AP.

If you have AP, you can come back whatever it happens to H1 stamping. So, it is up to you. If you can wait, wait till you get AP. If it is urgent, nothing can stop you and then you have to take a chance at Consulate for stamping.

[rkotamurthy]

Aniketkh,

Do not get scared by these posts here. You need not wait for EAD/AP if you have a valid H1/H4 approval and expired Travel Visa and you have I-485 Receipt

Travel visa renewal for H1/H4 extension in India is simple (except the appointment and waiting time). I have done it several times in Kolkata and Chennai consulate (btw you can go to any US consulate in India and I find kolkata the most easiest and less crowded). Just make sure you have all relevant documents and plenty of patience. I have not seen any H1/H4 extensions being denied.

Good Luck.

For fellow IV members who have posted on this thread... please do not scare and spread rumors when you do not have any first-hand experience...

[vattam]

I received my AP ( travel ) documents and not received my EAD. My h-1 visa has expired on June 30th, so I have only travel documents. Can any one shed light how much risk is involved in my case to travel with only travel documents
thanks

[vattam]

I need your expertise to fly this week end.I bought the tickets for this week end. Please advise
thanks

[micofrost]

Originally Posted by vattam

I need your expertise to fly this week end.I bought the tickets for this week end. Please advise
thanks

You have two options to come back.

1. Use your AP to get inside US but you should have a valid i797(nothing to do with visa) with you to continue on H1 provided you dont have any EAD. Else it depends on you, which one to use, if you have both.
2. Otherwise stamp it and come back on H1.

[jasmin45]

Originally Posted by rkotamurthy

Aniketkh,

I have done it several times in Kolkata and Chennai consulate (btw you can go to any US consulate in India and I find kolkata the most easiest and less crowded).
Good Luck.
...

Where did you get this information, that you can go to any US consulate in India? There are specific consular district jurisdictions for each consulate. Its clearly mentioned in the procedure for application on their website. If you want a reference, here's the official link.
https://www.vfs-usa.co.in/ApplnForms...ct.aspx/t_self

If you just want to comfort him..even then if you are not sure, do not post wrong advise and mislead him please.

[jambapamba]

You were right about the juris.. but that was before. Later depending upong if you speak english or not and the type of visas, you get options to go any of the consulates.

Look for this title on the same site in news section.
"English-speaking applicants can now apply at the U.S. Embassy, New Delhi or the U.S. Consulates in Chennai or Mumbai:

Originally Posted by jasmin45

Where did you get this information, that you can go to any US consulate in India? There are specific consular district jurisdictions for each consulate. Its clearly mentioned in the procedure for application on their website. If you want a reference, here's the official link.
https://www.vfs-usa.co.in/ApplnForms...ct.aspx/t_self

If you just want to comfort him..even then if you are not sure, do not post wrong advise and mislead him please.

[waitin_toolong]

Originally Posted by vattam

I received my AP ( travel ) documents and not received my EAD. My h-1 visa has expired on June 30th, so I have only travel documents. Can any one shed light how much risk is involved in my case to travel with only travel documents
thanks

You dont need EAD to reenter but to work. If the H1 expired on Jun 30ththen how are you working. If only the stamp expired and you still have valid h1 approval then you can enter using AP and can still maintain H1 status if you stay with H1 employer only

[radhay]

My H1B extension was denied because my employer failed to file for an extension on time before old H1B expired. This happened last month. But luckily I had a valid EAD so I am using that to work. I also have a valid AP.

Do you gurus see any issue while re-entering US if I travel abroad this month?

[priderock]

Originally Posted by vattam

I received my AP ( travel ) documents and not received my EAD. My h-1 visa has expired on June 30th, so I have only travel documents. Can any one shed light how much risk is involved in my case to travel with only travel documents
thanks

In my opinion you only need travel documents to travel. Need EAD to work. Having said that, if I were you I will wait until I get my EAD if possible,just so I don't miss it.